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HomeMy WebLinkAbout1997-03-12 Conservation Commission Minutes y Conservation Commission Minutes Senior Center Members Present: Joseph W Lynch,Jr,Chairman,Albert Manzi,Jr,Vice Chairman,George Reich, Scott Masse,Joseph Mottola and Robert Mansour John Mabon,new Conservation member and Beth Wescott,new Associate Conservation member were also present The meeting was called to order at 7 05 pm Mr Lynch commended Richelle Martin on the excellent job she did while Mr Howard was out ill and vacationing for two weeks in the pubs of Ireland' Minutes: No action was taken on the minutes of January 8,January 22 and February 19, 1997 General Business: 242-705/706• Lot 3 Turnpike Street Violation/Cease&Desist& Lot 2 Turnpike Street Violation Ms Martin performed a general inspection back in February and found the lots were not in compliance She wrote the applicant a letter listing the deficiencies on the lots and in a follow up inspection it was suspected there was illegal fill brought in Mr Manzi and Ms Martin inspected the site together, listed the violations and took soil samples A state certified laboratory was contacted and they analyzed the samples There was evidence of trash,the hay bales were not staked and the fill is not acceptable as per paragraph#25 in the Order of Conditions New findings were presented to the Commission showing that petroleum hydrocarbons are definitely present The two contaminants found to be present are suggestive of an urban fill with a suspected carcinogen The question was asked if there was any risk to personnel while on the site,and Tim Stone, StoneHill Environmental, stated there would be minimal risk The next step is to determine if it is a reportable level The soil is not indigenous to this area Mr Lynch stated that what is needed next is to know what precautions to take under 21E Additional testing is needed Mr Howard stated it is clear the fill is not suitable under the bylaw,and how do we remediate the problem Mr Manzi stated that no casual mistake was made here Mr Howard stated that the pile was tested by Haley&Aldrich,trucks were hired to deliver the fill to Salisbury and for whatever reason it wound up in North Andover) Bill Simmons, Simmons Environmental,Inc, stated the fill came from a site in Beverly and was destined for Salisbury Curt Young, Wetlands Preservation,Inc,stated that Tim Stone has been retamed by King Weinstein Mr Manzi asked"who brought the fill to the site in North Andover"and Tim Stone stated that McDonough Construction trucked the material which should have gone to a site in Salisbury The soils technically should not have been used on a residential site Simmons Environmental has confirmed the presence of hydro carbons Mr Manzi asked if McDonough was present at the meeting and was told"no" Kay Construction was handlmg the Beverly site Mr Manzi pointed out that in Massachusetts a Class A license is required and he wants the trucker identified Mr Reich stated that if we are going to seize the bond we should advertise our intent to do so Curt Young stated the site is to non-conformance with the Order of Conditions and when the Cease and Desist was issued all work stopped We need some level of ability to begin working at the site and initiate remediation Mr Manzi asked in what order do we handle this9 Tim Stone stated the soils are very distinct from the native soils and need to be removed,so who removes it? Mr Manzi stated the Commission has enough probable cause to believe there is trash under the soil and maybe we should consider a Phase I Environmental Site Assessment done Mr Stone stated that 10 truckloads of ledge were brought in per Coleman McDonough,no trash or garbage at all Mr Stone suggested that once the soils are removed more testing can be done by post excavating the site,that is standard procedure,but monitoring wells may be too dramatic) Sandra Starr,Health Agent,was in the audience and was asked if 1 T t the septic systems were installed yet and she said"no" Curt Young stated that the whole area of contaminated soils is very complex and he suggested that the two experts should decide how to proceed Mr Manzi wants to institute advertising the bond seizure and revoking the Order of Conditions Mr Howard cited the regulations and informed the NACC of the appropriate way to do this A motion was made by Mr Manzi,seconded by Mr Reich,to publish the public hearing date of April 2, 1997 to discuss seizing the bond and revoking the Order of Conditions The vote was unanimous Mr Simmons suggested he and Mike Howard together lay out a plan for removing the fill Mr Simmons suggested proceeding with a phased activity on the property leaving the door open to maybe a Phase 1 if necessary Mr Manzi made a motion, seconded by Mr Reich,to install one monitoring well at the direction of Mr Simmons and Mike Howard The vote was unanimous Mr Reich stated the Commission clearly does not want Mr Simmons paid by the applicant through bond seizure Tim Stone offered to pay the Town Mr Manzi stated the flag line is indiscemable now,'and as part of the Cease and Desist Order the machinery on site cannot be moved Mr Masse stated he doesn't see how we can force them to leave the equipment on site Mr Manzi stated the owner can remove the equipment if he wants,knowing the Commission's feelings Tim Stone wants to reduce the redundancy of roles and would like the Commission to give Mike Howard the latitude to make the decisions Mr Manzi stated that he insists that Mr Simmons or a representative be present at all times 242-847: Modification Settlers Ridge Rd Christiansen&Sergi(T.Zahoruiko) Tom Zahoruiko was present and stated that Wayne Lozzi from DEP wants a modification to the wetland impacting the square footage down to 845 feet Mr Howard stated that the Commission did close the public hearing,but DEP felt Mr Zahoruiko could further reduce the alteration On a motion by Mr Reich,seconded by Mr Mottola,the Commission voted unanimously to grant the modification to Settlers Ridge Road 242-847• Modification Settlers Ridge Rd Performance Bond Christiansen& Sergi(T.Zahoruiko) Mr Lynch read a letter dated March 4, 1997 from Tom Zahoruiko regarding the bond schedule of payment On a motion by Mr Mansour,seconded by Mr Mottola,the Commission voted unanimously to accept the bond schedule as a minor modification to Settlers Ridge Road As this is George Reich's last meeting,he was publicly acknowledged by the Commission for his long and exemplary service to the Town of North Andover both as a member of the Commission and as its Chairman Public Hearings(8:00 PM) Request for Determination: RDA-#1070 Osgood Street(Rudolph Neve) John Morin was present,provided proof of mailing to the Commission and revised plans showing the wetland line Mr Lynch labeled the plan"plan of record"for Mr Howard's benefit Mr Morin stated they relocated three flags at the site, located on the west side of the property Mr Howard wanted more definition of what the applicant was proposing to do Mr Morin stated that the property needs to be cleared for better viewing from the roadway,as it is up for sale Brush and saplings would be chipped,the pile taken down,chain saws and hand tooling to be done He does not foresee any siltation at all,wood chips could be used for erosion control Mr Reich stated that here we are clearing to the 25' no cut,but it is not sitting right with him Mr Lynch stated it is for marketability Mr Howard stated he feels more comfortable now that he knows what exactly the applicant proposes to do Mr Howard also stated that a portion of the wetland line is not able to be determined at this time On a motion by Mr Manzi,seconded by Mr Masse,the Commission voted unanimously to grant the applicant a continuance until the March 19, 1997 meeting 2 Notice of Intent(s): 242-845: Brookview Estates(Marchionda& Associates)cont from 2/19/97 This is a continuation of the public hearing Mike Rosati and Dave Kindred were present Mr Howard stated the replication areas are approved,the drainage issues are resolved and the applicant is in conformance with the storm water The remaining issue is the water main The applicant is now proposing to Jack under the wetlands,no waivers are needed and tree clearing is greatly minimized Mr Lynch read a letter from the Board of Health regarding contaminated wells The Fire Chief,Bill Dolan, and acting Director of DPW,Bill Hmurctak,are to support of the water main Mr Rosati stated DPW prefers water at the subdivision The water lme is proposed to go under the wetlands via Jacking The Seeley's have given an easement thru their property which greatly reduces the need for tree cutting to the No-Disturbance Zone Mr Rosati stated they have given the Commission all they can at this time,an easement has been obtained from the Seeley's and there are no abutter concerns left On a motion by Mr Retch, seconded by Mr Manzi,the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-857: Lot A-1 Concord Street(Comet Realty Trust)cont from 2/19/97 Mr Howard stated there are no issues,and this Order of Conditions supersedes the previous Order On a motion by Mr Retch,seconded by Mr Masse,the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-852• Lot A Rea Street(Merrimack Eng)Richard Romano cont from 2/19/97 AND 242-853: Lot C Rea Street(Merrimack Eng)Richard Romano cont from 2/19/97 These two lots were discussed together per Mr Lynch Mr Howard stated the filing was substantially incomplete when filed New plans were brought forward,with the applicant recognizing the Rtverfront Area Mr Howard recommended closing the public hearmg and issuing a decision in 21 days 242-852-Lot A Rea Street On a motion by Mr Reich,seconded by Mr Manzi,the Commission voted unanimously to close the public hearing and issue a decision in 21 days 242-853-Lot C Rea Street On a motion by Mr Reich, seconded by Mr Manzi,the Commission voted unanimously to close the public hearing and issue a decision in 21 days 242-???: Rocky Brook Est II Lots 1-6, 10A, 11A& 12B(Neve Assoc)S.Breen John Morin was present and gave proof of mailing to the Commission The applicant is proposing a subdivision of 7 new homes and 2 from Rocky Brook I The roadway will come m from Boxford Street and is 1450' long ending in a cul-de-sac The original proposal was to bring Bennett Road to from the Town of Boxford and connect up to Rocky Brook 1,but the Town of Boxford did not like that idea The proposal is for an open bottom box culvert to cross the brook All the lots are outside the 100' Inner Riparian zone,all soil testing is complete except on lots 1 &3 There will be a need to alter the wetlands to cross the area There will be a 1640 sq ft replication area on one side and a 2560 sq ft replication on the other side The wetlands on the south side of Mosquito Brook were determined last year Peter Breen, owner of the property since 1972 stated the crossing is Rocky Brook,not Mosquito Brook On a motion by Mr Retch,seconded by Mr Manzi,the Commission voted unanimously to continue the public hearing until the April 2, 1997 meeting 3 Decisions: 242-851: Lot 19 Beaver Brook Rd Evergreen Estates(Messina Dev) Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Manzi, seconded by Mr Mottola,the Commission voted unanimously to approve the draft Order of Conditions for Lot 19 Beaver Brook Road 242-849: Lot 24A Bridges Lane(Colonial Village Dev) Mr Howard had a draft Order of Conditions for the Commission's review Mr Howard stated he has a problem with the deck and suggests that the Commission not grant it Mr Masse stated this was a difficult decision on his part,the fact that Mr Barrett returned to the Commission with a second plan and strived to do all he could means a great deal Mr Barrett was told he will need to submit a retaining wall construction schedule for the project On a motion by Mr Mansour,seconded by Mr Manzi,the Commission voted unanimously to approve the Order of Conditions for Lot 24A Bridges Lane as drafted 242-854:4322 to 555 Boston street(Christiansen& Sergi)Colonial Village Dev Mr Howard had a draft Order of Conditions prepared for the Commission's review There was some discussion regarding the culverts and whether they are working At the last meeting Bill Barrett agreed to repair the culvert that was brought to the Commission's attention by Paul Maus if it was determined to be failing at the time of work On a motion by Mr Mansour, seconded by Mr Manzi,the Commission voted unanimously to accept the Order of Conditions for 322 to 555 Boston Street as amended 242-855: Lot 8/#140 Laconia Circle(Merrimack Eng)Beachwood Builders Mr Howard had a draft Order of Conditions prepared for the Commission's review The bond money has been waived,but a letter certifying compliance with the Order will be necessary On a motion by Mr Manzi, seconded by Mr Reich,the Commission voted unanimously to accept the Order of Conditions for Lot#8/140 Laconia Circle Adjournment: On a motion by Mr Reich,seconded by Mr Manzi,the Commission voted unanimously to adjourn the meeting i h W L ,J1 Chairman 4